[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 7-12-1976 by Ord. No. 241. Amendments
noted where applicable.]
For the purpose of this chapter, the following
terms shall have the meanings respectively ascribed to them in this
chapter:
An individual, partnership, firm or corporation, and the
singular shall include the plural, who is the owner, is holding, or
is in possession of any real estate on which weeds are growing.
Includes all rank vegetable growth, including, but not limited
to, grass (except for those species of ornamental grass that are commonly
employed as one, easily confined, component of a landscaped area with
easily discernible borders), ragweed, dandelion and miscellaneous
other vegetation commonly referred to as "weeds" or "brush" which
exhale unpleasant noxious odors or pollen, or which may conceal filthy
deposits or serve as breeding places for mosquitoes, other insects
or vermin.
[Amended 8-2-2006 by Ord.
No. 835]
From and after the effective date of this chapter,
it shall be unlawful for any person owning, holding or in possession
of any real estate to allow or maintain on any lot or tract of land,
within the boundary of the Township, any growth of weeds to a height
of over one foot, and such growth of weeds is hereby declared to be
a nuisance, injurious to the health, cleanliness, comfort and safety
of the citizens of the Township.
The Township will provide one notification to
a person of his obligation to correct a violation of the chapter by
cutting, destroying or removing weeds. Notice shall be deemed effective
upon the date of mailing by the Township of notice by certified mail,
to the property owner and to the address indicated on tax duplicate
for the property. In the event of the failure of the person who is
the owner, holder or in possession of said real estate to cut and
destroy or remove weeds within seven days after being notified to
do so, the Township Manager, Code Enforcement Officer or the Township
Manager's designated representatives shall prosecute said person under
the provisions of this chapter and, at his option, may cut, destroy
or remove or have said weeds cut, destroyed or removed, and bill said
person for the cost thereof at the rate established by Township resolution.
In case of neglect or refusal by the person who is the owner, holder,
or in possession of said real estate to pay said bill within 30 days
of said billing, the Township shall file a municipal lien for the
cost of said removal of said weeds, the same to be subject in all
respects to the general law provided for the filing and recovery of
municipal liens.
[Amended 2-7-1989 by Ord. No. 449[1]]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.
