[HISTORY: Adopted by the now Township Council
of the Township of Middletown 6-8-2020 by Ord. No. 822.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 266,
Weeds and Vegetation, adopted by the Board or Supervisors 9-14-1959
by Ord. No. 49 (Ch. IV, Art. 2, of the 1976 Ordinance Book).
It is the responsibility of the property owner(s) to inspect
and maintain the vegetative growth on the owner's property within
the Township of Middletown, including the vegetative growth located
within the right-of-way of a public street on the owner's property.
The growth or accumulation of weeds, grasses, trees, vines, bushes
and other vegetative growth is declared to constitute a public nuisance,
wherever and whenever the same shall cause or contribute to the causing
of any of the following conditions to exist:
A.
Encroachment upon any sidewalk, street, alley or roadway to the danger
or impediment of persons passing on said streets or sidewalks;
B.
Preventing the clear view of operators of motor vehicles by users
of the adjoining streets;
C.
Being of such a nature as to cause or aggravate hay fever or other
allergy diseases;
D.
Causing or tending to cause the breeding, growth or harboring of
mosquitoes, flies or other insects;
E.
Causing or tending to cause the breeding, growth or harboring of
rats, mice or other rodents;
F.
Causing or creating a fire hazard;
G.
Being in any way detrimental to the health or safety of the public;
or
H.
Grasses, weeds and/or other similar vegetation not edible or planted
for a useful or ornamental purpose that shall have grown or are maintained
at a height in excess of 10 inches on any property within any developed
area.
A.
The provisions of this chapter shall apply to the following:
(1)
Lots in a platted subdivision with a structure;
(2)
Vacant lots within platted residential subdivisions in which buildings
have been erected upon 60% or more of the lots, except lots which
are naturally wooded areas; or
(3)
On lots along improved streets to a depth of 165 feet or the depth
of the lot, whichever is less.
B.
The provisions of this chapter shall not apply to:
(1)
Land used for agricultural purposes including weeds in fields devoted
to growing any small grain crops such as wheat, oats, barley or rye;
(2)
Portions of lots used for flower gardens, shrubbery or vegetable
gardens;
(3)
Naturally wooded areas, wetlands or meadows; or
(4)
Areas designated as undeveloped open space.
In the event that the Code Enforcement Officer of the Township
determines that a violation of this chapter exists, the Code Enforcement
Officer shall provide the property owner(s) with a written notice
of violation, by certified and regular mail, containing the following
minimum information:
In the event that said notice of violation is not complied with
as directed, the Township shall take any of the following actions
as it may deem necessary to enforce the provisions of this chapter:
A.
Commence a summary enforcement proceeding before the Magisterial
District Justice against the property owner(s), and upon conviction
thereof, be punishable by a fine of up to $200 for each violation
thereof. Violators shall also be responsible for court costs and reasonable
attorneys' fees of the Township, as permitted by law.
B.
Cause the condition to be removed or abated by the Township, the
costs for which removal plus a service fee will be charged to the
property owner(s). If such costs are not paid in full within 90 days,
such costs may be filed as a lien against the property and collected
in the same manner as other municipal liens or by personal action
commenced in the Court of Common Pleas of Delaware County. Any voluntary
action taken by the Township pursuant to this section shall not create
any obligations on the part of the Township to continue such action,
nor shall it limit, ameliorate or change the obligation of the property
owner(s).
